13-1203_CHARLES KING COMPANY_Construction Agreement CONSTRUCTION AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 0.: "''qday
of December, 2013, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and Charles King Company (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to perform piping modifications to the outlet piping of Rosenbaum Well in order to
convert the well from domestic water supply to recycled water supply ; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit'A,"attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2013.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed$62,300.00,
as set forth in Exhibit "B," attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Contractor shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
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Contractor shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Contractor is permitted to
subcontract any part of this Agreement by City, Contractor shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Contractor. City will deal directly with and will make all payments to Contractor.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City,the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the work site(s), and is aware of all conditions
there; and (3) it understands the facilities, difficulties and restrictions of the work to be
performed under this Agreement. Should Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City, it
shall immediately inform the City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. [RESERVEDI.
Section 12. [RESERVEDI.
Section 13. Indemnity.
To the fullest extent permitted by law, Contractor agrees to protect,defend,and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including
attorneys' fees, for injury or death of any person, or damages of any nature, including
interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's
agents, officers, employees, subcontractors, or independent contractors hired by
Contractor in the performance of the Agreement. The only exception to Contractor's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Contractor shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
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14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned, occupied
or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30)days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
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14.6 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed"verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Contractor.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Marquis
To Contractor: Charles King Company
2841 Gardena Avenue
Signal Hill, California 90755
Section 17. Prevailing Wages.
The CITY has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with
the prevailing wage rates to all the laborers involved, and with California Labor Code
Section 1770 et seq., including the keeping of all records required by the provisions of
Labor Code Section 1776 and the implementing administrative regulations. The CITY shall
be a third party beneficiary of the forgoing covenant with rights to enforce the same as
against the CONTRACTOR.
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Section 18, Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19, Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 20, Counterparts.
This Agreement may be executed by the Parties in counterparts,which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN;JUAN CAPISTRANO
By:
'.X Sam Allevato, Mayor
CONTRACTOR
By:
Debra King, President
ATTEST.'
City gdyk
APPRO ED AS TO FORM:
City Attorney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Sam Allevato, Mayor
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CONTRACTOR
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By:
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Deb ing, Press ent
ATTEST: j
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City Clerk I
APPROVED AS TO FORM:
City Attorney
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Dave Entsminger
From: Dave Entsminger
Sent: Monday, October 28, 2013 3:43 PM
To: 'ssato@WARasic.com'; 'Pdennis@dotybros.com'; 'Pogue@paulusengineering.com';
'sarah@ckc.co'; 'davidc@kennedypipeline.com';'rick@fraijobros.com'
Subject: RE: Fast Track Bid Request- Rosenbaum Well Recycled Water Conversion project
To all:
One other item that needs to be mentioned is that this will be a prevailing wage project.
David Entsminger
From: Dave Entsminger
Sent: Monday, October 28, 2013 3:24 PM
To: 'ssato@WARasic.com'; 'Pdennis@dotybros.com'; 'pogue@paulusengineering.com'; 'scott@ckc.com';
'davidc@kennedypipeline.com'; 'rick@fraijobros.com'
Subject: Fast Track Bid Request- Rosenbaum Well Recycled Water Conversion project
Gentlemen:
The City has decided to add the Rosenbaum Well Recycled Water Conversion back into an already tight schedule. Please
review the attached documents and propose on this project by 5:30 pm, October 30, 2013. Of course, I will be available
to answer any unanticipated questions that you may have. I only ask that you ask the questions through email and copy
all parties listed here by the end of the day tomorrow.
I recommend that you look at the JPG photos and read the Word document that is a narrative summary of the project
first before reviewing the pdf Rosenbaum Reconnection Plan. The last file, "R1 to RW......." is for location purposes
only. Please ignore the remarks about pumping requirements in this pdf.
In anticipation of some other questions that you may have, I have a few other notes in which you can derive your bid.
Your bid is to be for the construction notes included in the Rosenbaum Reconnection Plan. Please consider the
following items to be a part of your bid prices and not to be bid separately or counted as an extra later.
• Mob/demob
• Business license
• Encroachment fee shall be borne by the City and no cost to the contractor
• Traffic control to be per the MUTCD (note a minimum 4-foot wide pedestrian access is to be maintained across
either the horse trail or adjoining sidewalk while performing construction
• Existing piping mounts are to be used whenever possible. Should new piping mounts be required,they are to
Uni-Strut bolted into the existing concrete slab. Locations are to be made so as not to create a tripping hazard.
• To avoid disinfection when disconnecting from the domestic water main,slowly drain to the trench and pump
into the sewer inside the well site. Coordinate with the City water inspector
• The eye wash is connected to the domestic water main and will not be impacted by this project
• Cut and cap the existing chlorine feed line that gets disconnected when the spool is removed. Cut and cap shall
be 6-inches above the floor slab
• Trench backfill/paving and the remaining piping requirements not specifically called out in the Rosenbaum
Reconnection Plan shall be made in accordance with San Juan Capistrano Standard Plans and Specifications.
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Rosenbaum Well—Recycled Water Conversion
Over the past several years, Rosenbaum well has been relied on as a domestic water production well.
This well has recently been determined to be a non-potable supply by California Department of Public
Health (CDPH)and therefore has been shut off until it can be disconnected from the existing 8-inch
domestic water main and reconnected to an existing 12-inch recycled water main. Both the 8-inch and
12-inch mains are located in Rancho Viejo Road opposite the Rosenbaum Well.
The scope of the project to disconnect the well from the 8-inch domestic water main includes removal
of approximately 12 feet of 6-inch AC pipe,a 45°bend and thrust block,the tapping valve at the 8 x 6
tee in Rancho Viejo Road (the 6-inch branch of the tee shall be sealed with a blind flange),also removed
are a 6-inch flanged spool,a 6-inch check valve,and a 6 x 6 x 6 tee with butterfly valve,and 90" bend.
The scope of the project to reconnect the well to the existing 12-inch recycled water main includes the
installation of a 12 x 12 x 6 cut-in tee with fittings and 6-inch gate valve,installation of approximately 30
feet of 6-inch piping that will require three bends with restraints or thrust blocks and a long sleeve
coupling, a 6-inch flanged spool,a RPPA back flow device with 2 (each)6-inch 90° bends. One of the 90°
bends will have an additional branch in which to reconnect the removed butterfly valve and 90° bend to
reestablish the waste line outlet.
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--� _` Construction Notes
1. Remove:existing tapping valve/can,AC pipe and store onsite for City removal. Protea tee and
thrust block/plug tee with a blind Fig.
./ f 2. Protect existing piping in place.
3. Remove bend/thrust block,join with approved solid sleeve coupling,Of.
4. Furnish and install 6-inch DIP,CI-52 length as required,wrap with wax tape.
5. Furnish and install 6-in DIA,Di,45'bend,MJ x MJ with thrust block. Wrap bend with wax tape,
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6. Furnish and install 6-in DIA,DI,1134•bend,M1 x MJ with thrust block.Wrap bend with wax tape,
gYa t yc` � y J 7. Furnish and install 12x12x6 cut-in tee,DI,PE,uni-Flange/MJxFlg adapter or approved solid long
sleeve couplings(large ends),uni-flange(small end)with thrust block.
8. Furnish and install 6-in 6V,Fig x MJ,with valve box.
9. Remove and dispose of existing spool/chlorine feed line,check valve,and 6 x 6 x 6 tee.
\ ` Remove and salvage 6-inch 8V and 90'bend. Furnish and install 6-inch 01 spool,CI-53,
t ` approximate length of 11 inches(contractor shall field measure for exact length).
\ 10.Furnish and install 1(ea)6-inch 90'bend,DI,Fig x Fig, 1(ea)6 x6 x6 side outlet 90'bend all Fig.
Connect Stl FJg to DI Fig with insolation gasket kit.
11.Furnish and install Febco Model 880V(N Shape).
12.Reinstall salvaged butterfly valve and 90'bend to side outlet 90'bend.
13.Extend pipe stem of air valve above and out of conflict with side of new hack flow device
C�fi r 'K\ty. \may (optional).
\t ate tb Additional Notes:
\ ` \ • This is a fast track project where the lowest responsible bidder must commence and have the
project completed by the end of the calendar year.
\ \\\ • The contractor will enter into a standard contract with the City that will include general liability,
Workman's Compensation,and Auto. Payment and performance bonds will not be required.
• Contractor shall submit unit prices for construction notes 1 and 3 through 13 inclusive.A total
bid amount for all of the construction notes shall be listed as well.
Charles Kling Company, Inc.
2841 Gardena Ave., Signal Hill, CA 90755
Telephone (562)426-2974 Fax(562) 426-9714
Contractors License#738236
October 30,2013
City of San Juan Capistrano
2400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: David Entsminger, Contract Engineer
Project: Fast Track Bid Request-Rosenbaum Well Recycled Water Conversion Project
Dear David,
Per your request,here is the breakdown of our quote:
BI# Description Unit Qty Unit Cost Subtotal
1 Remove xstg tapping valve/cap LS 1 13,500.00 13,500.00
2 NA LS 1 0.00 0.00
3 Remove bend/thrust block LS 1 3,000.00 3,000.00
4 6"DIP LS 1 16,800.00 16,800.00
5 6"DI 45 LS 1 1,000.00 1,000.00
6 6" DI 11-1/4"bend LS 1 1,000.00 1,000.00
7 12xl2x6 Cut-in tee LS 1 10,000.00 10,000.00
8 6"Gate valve LS 1 2,000.00 2,000.00
9 Remove xstg spool,etc./Install 6"DI spool LS 1 3,000.00 3,000.00
10 6" 90&6x6x6 side outlet 90 LS 1 3,000.00 3,000.00
11 Febco Model 88OV LS 1 8,000.00 8,000.00
12 Reinstall BFV&90 LS 1 500.00 500.00
13 Extend pipe stem of air valve LS 1 500.00 500.00
Total 62,300.00
If you have any questions or require additional information,please do not hesitate to call me—
619-247-8951.
Sincerely,
Scott King
Project Manager
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Copy to: Bids
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12/3/2013
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City of San Juan Capistrano
Agenda Report
TO: Karen P. Brust, City Manage
FROM: Keith Van Der Maaten, P.E., Public Works and Utilities Directo
Prepared by: Michael Marquis, P.E., Associate Civil EngineetP�
DATE: December 3, 2013
SUBJECT: Consideration of a Construction Agreement for the Rosenbaum Well
Project (CIP 13806) (Charles King Company)
RECOMMENDATION:
By motion, Award a Construction Agreement to Charles King Company, in the amount
not to exceed $62,300.00 for construction of the Rosenbaum Well Project (CIP 13806).
EXECUTIVE SUMMARY:
This project is part of the Proposition 50 grant funded projects. Rosenbaum Well is an
existing domestic water well located at 29688 Rancho Viejo Road in San Juan
Capistrano. The well is permitted as a potable (drinking) water source with a capacity of
up to 500 gallons per minute (gpm). Over the last several years the quality of the water
has degraded and the well has been taken out of service. Though no longer suitable for
potable consumption, the well is suitable for use as a source of non-potable (irrigation)
water.
The project consists of disconnecting the well from the potable water system and
establishing a tie-in to the City's non-potable water system, including installation of cut
in tee and shut off valve at the non-domestic main line, as well as pipe, fittings, valves
and appurtenances to complete the connection in accordance with California State
Department of Public Health Requirements.
On October 30, 2013, the City received four bids for the Rosenbaum Well Project, and
has tabulated the results below:
Contractor Bid Amount
Charles King Company $62,300.00
W.A. Rasic Construction $64,565.00
Kennedy Pipeline Company $65,250.00
Paulus Engineering, Inc. $72,629.00
City Council Agenda Report
December 3, 2013
Page 2 of 3
Staff has reviewed the bids in accordance with Title 3, Chapter 4 of the Municipal Code
titled `Procurement Procedures' and found all the bids to be responsive to the City's
needs. Staff recommends the approval of a Construction Agreement with the lowest
qualified bidder Charles King Company, in the amount not to exceed $62,300.00.
DISCUSSION/ANALYSIS:
Over the last several years the quality of the water at Rosenbaum Well has degraded.
The water contains high total dissolved solids (TDS) levels ranging from 500 to 800
mg/I, which would require installation of a treatment facility to render the water suitable
as a potable (drinking) supply. The well is suitable as an irrigation water source and will
be used to augment the recycled water system once this project is completed. The
source of water will replace domestic water that is currently being used for landscape
irrigation.
FISCAL IMPACT:
All funding for this project has been included in the City's Proposition 50 grant funds.
The budget for CIP 13806 includes Amendment No. 4 to the Integrated Regional Water
Management Proposition 50 Grant Agreement No. 07-542-550, which appropriated
$90,000 to CIP 13806. The following is a breakdown of the project budget for CIP
13806:
Total Approved Budget $ 90,000
Costs Incurred through June 30, 2013 $ (7,454)
Costs Incurred between 7/1-9/27/13 $ (4,084)
Outstanding POs as of 09/27/13(Project Partners) $ (1,130)
Estimated Staff Time/Project Partners for remainder of project $ (1,000)
Amount Available $ 76,332
It should be noted that projects funded under Proposition 50 will be completed by
December 31, 2013.
ENVIRONMENTAL IMPACT:
This project has been reviewed in accordance with the California Environmental Quality
Act (CEQA). It was determined that the project was categorically exempt, Class 15303
(d), "New Construction or Conversion of Small Structures" (Sections 15301-15329) and
therefore not subject to any further review. Staff has prepared a Notice Exemption and
has posted at it at the County Clerk-Recorder.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
City Council Agenda Report
December 3, 2013
Page 3 of 3
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
The Utilities Commission reviewed this item at its November 19, 2013, regular meeting
and recommended that the City Council approve a Construction Agreement with
Charles King Company.
NOTIFICATION:
Charles King Company
W.A. Rasic Construction
Kennedy Pipeline Company
Paulus Engineering, Inc.
ATTACHMENTS
Attachment 1 — Construction Agreement
CONSTRUCTION AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this day
of December, 2013, by and between the City of City of San Juan Capistrano (hereinafter
referred to as the "City") and Charles King Company (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to perform piping modifications to the outlet piping of Rosenbaum Well in order to
convert the well from domestic water supply to recycled water supply; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit"A,"attached and incorporated herein by reference. To the extent that there
are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2013.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $62,300.00,
as set forth in Exhibit "B," attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Contractor shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
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Attachment 1
Contractor shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Contractor is permitted to
subcontract any part of this Agreement by City, Contractor shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Contractor. City will deal directly with and will make all payments to Contractor.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated the
work to be performed; (2) it has investigated the work site(s), and is aware of all conditions
there; and (3) it understands the facilities, difficulties and restrictions of the work to be
performed under this Agreement. Should Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City, it
shall immediately inform the City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. [RESERVEDI.
Section 12. [RESERVEDI.
Section 13. Indemnity.
To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including
attorneys' fees, for injury or death of any person, or damages of any nature, including
interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's
agents, officers, employees, subcontractors, or independent contractors hired by
Contractor in the performance of the Agreement. The only exception to Contractor's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Contractor shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A-Class
VII or better.
3
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non-
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
14.3 Workers' Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned, occupied
or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty(30)days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
4
14.6 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Contractor.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Marquis
To Contractor: Charles King Company
2841 Gardena Avenue
Signal Hill, California 90755
Section 17. Prevailing Wages.
The CITY has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with
the prevailing wage rates to all the laborers involved, and with California Labor Code
Section 1770 et seq., including the keeping of all records required by the provisions of
Labor Code Section 1776 and the implementing administrative regulations. The CITY shall
be a third party beneficiary of the forgoing covenant with rights to enforce the same as
against the CONTRACTOR.
5
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under
the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 20. Counterparts.
This Agreement may be executed by the Parties in counterparts,which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures maybe transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Mayor
CONTRACTOR
By:
Debra King, President
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
7
Dave Entsminger
From: Dave Entsminger
Sent: Monday,October 28, 2013 3:43 PM
To: 'ssato@WARasic.com'; 'Pdennis@dotybros.com'; 'Pogue@paulusengineering.com';
'sarah@ckc.co'; 'davidc@kennedypipeline.com';'rick@fraijobros.com'
Subject: RE: Fast Track Bid Request - Rosenbaum Well Recycled Water Conversion project
To all:
One other item that needs to be mentioned is that this will be a prevailing wage project.
David Entsminger
From: Dave Entsminger
Sent: Monday, October 28, 2013 3:24 PM
To: 'ssato@WARasic.com; 'Pdennis@dotybros.com'; 'pogue@paulusengineering.com'; 'scoff@ckc.com';
'davidc@kennedypipeline.com'; 'rick@fraijobros.com'
Subject: Fast Track Bid Request- Rosenbaum Well Recycled Water Conversion project
Gentlemen:
The City has decided to add the Rosenbaum Well Recycled Water Conversion back into an already tight schedule. Please
review the attached documents and propose on this project by 5:30 pm, October 30, 2013. Of course, I will be available
to answer any unanticipated questions that you may have. I only ask that you ask the questions through email and copy
all parties listed here by the end of the day tomorrow.
I recommend that you look at the JPG photos and read the Word document that is a narrative summary of the project
first before reviewing the pdf Rosenbaum Reconnection Plan. The last file, "R1 to RW......." is for location purposes
only. Please ignore the remarks about pumping requirements in this pdf.
In anticipation of some other questions that you may have, I have a few other notes in which you can derive your bid.
OVW .
Your bid is to be for the construction notes included in the Rosenbaum Reconnection Plan. Please consider the
following items to be a part of your bid prices and not to be bid separately or counted as an extra later.
• Mob/demob
• Business license
• Encroachment fee shall be borne by the City and no cost to the contractor
• Traffic control to be per the MUTCD(note a minimum 4-foot wide pedestrian access is to be maintained across
either the horse trail or adjoining sidewalk while performing construction
• Existing piping mounts are to be used whenever possible. Should new piping mounts be required,they are to
Uni-Strut bolted into the existing concrete slab. Locations are to be made so as not to create a tripping hazard.
• To avoid disinfection when disconnecting from the domestic water main,slowly drain to the trench and pump
into the sewer inside the well site. Coordinate with the City water inspector
• The eye wash is connected to the domestic water main and will not be impacted by this project
• Cut and cap the existing chlorine feed line that gets disconnected when the spool is removed. Cut and cap shall
be 6-inches above the floor slab
• Trench backfill/paving and the remaining piping requirements not specifically called out in the Rosenbaum
Reconnection Plan shall be made in accordance with San Juan Capistrano Standard Plans and Specifications.
i
Exhibit A
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Rosenbaum Well—Recycled Water Conversion
Over the past several years, Rosenbaum well has been relied on as a domestic water production well.
This well has recently been determined to be a non-potable supply by California Department of Public
Health (CDPH)and therefore has been shut off until it can be disconnected from the existing 8-inch
domestic water main and reconnected to an existing 12-inch recycled water main. Both the 8-inch and
12-inch mains are located in Rancho Viejo Road opposite the Rosenbaum Well.
The scope of the project to disconnect the well from the 8-inch domestic water main includes removal
of approximately 12 feet of 6-inch AC pipe,a 45°bend and thrust block,the tapping valve at the 8 x 6
tee in Rancho Viejo Road(the 6-inch branch of the tee shall be sealed with a blind flange),also removed
are a 6-inch flanged spool,a 6-inch check valve,and a 6 x 6 x 6 tee with butterfly valve,and 90" bend.
The scope of the project to reconnect the well to the existing 12-inch recycled water main includes the
installation of a 12 x 12 x 6 cut-in tee with fittings and 6-inch gate valve,installation of approximately 30
feet of 6-inch piping that will require three bends with restraints or thrust blocks and a long sleeve
coupling,a 6-inch flanged spool,a RPPA back flow device with 2 (each) 6-inch 90°bends. One of the 90'
bends will have an additional branch in which to reconnect the removed butterfly valve and 90° bend to
reestablish the waste line outlet.
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Construction Notes
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I. Remove:existing tapping valve/can,AC pipe and store onsite for City removal. protect tee and
thrust block/plug tee with a blind Fig.
2. Protect existing piping in place-
3. Remove bend/thrust block,join With approved solid sleeve coupling,of.
4. Furnish and install 6-Inch DIP,CI-52 length as required,wrap with wax tape.
5. Furnish and install 6-in DIA,Of,45'bend,IVIJ x MJ with thrust block.Wrap bend With wax tape.
6. Furnish and install 6-in DIA,DI,11X*bend,W x IVIJ with thrust block.Wrap bend with wax tape.
7. Furnish and install 12x12x6 cut-in tee,DI,PE,uni-flange/MJxFlg adapteror approved solid long
sleeve couplings(large ends),uni-flange(small end)with thrust block.
8. Furnish and install 6-In GV,Fig x MJ,with valve box,
9. Remove and dispose of existing spool/chlorine feed line,check valve,and 6 x 6 x 6 tie.
Remove and salvage 6-inch 8V and 90*bend. Furnish and install 6-inch Of spool,CI-53,
approximate length of 11 inches(contractor shall field measure for exact length).
10.Furnish and install 1(ea)6-inch 90*bend,DI,Fig x Fig, I(ea)6 x6 x6 side outlet 90'bend all Fig.
Connect Sti Fig to Of Fig with insolation gasket kit,
11.Furnish and install Febco Model 880V(N Shape).
12.Reinstall salvaged butterfly valve and 90*bend to side outlet 90'bend.
13.Extend pipe stem of air valve above and Out of conflict with side of new back flow device
(optional).
Additional Notes:
- This is a fast track project where the lowest responsible bidder must Commence and have the
Project completed by the end of the calendar year.
. The contractor will enter into a standard contract with the City that will include general liability,
Workman's Compensation,and Auto. Payment and performance bonds will not be required.
. Contractor shall submit unit prices for construction notes 1 and 3 through 13 Inclusive.A total
bid amount for all of the construction notes shall be listed as well.
Charles King Company, Inc.
2841 Gardena Ave., Signal Hill, CA 90755
Telephone(562)426-2974 Fax(562)426-9714
Contractors License#738236
October 30,2013
City of San Juan Capistrano
2400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: David Entsminger, Contract Engineer
Project: Fast Track Bid Request-Rosenbaum Well Recycled Water Conversion Project
Dear David,
Per your request,here is the breakdown of our quote:
BI# Description Unit Qty Unit Cost Subtotal
I Remove xstg tapping valve/cap LS 1 13,500.00 13,500.00
2 NA LS 1 0.00 0.00
3 Remove bend/thrust block LS 1 3,000.00 3,000.00
4 6"DIP LS 1 16,800.00 16,800.00
5 6"DI 45 LS 1 1,000.00 1,000.00
6 6" DI 11-1/4"bend LS 1 1,000.00 1,000.00
7 12xl2x6 Cut-in tee LS 1 10,000.00 10,000.00
8 6"Gate valve LS 1 2,000.00 2,000.00
9 Remove xstg spool,etc./Install 6"DI spool LS 1 3,000.00 3,000.00
10 6"90&6x6x6 side outlet 90 LS 1 3,000.00 3,000.00
11 Febco Model 880V LS 1 8,000.00 8,000.00
12 Reinstall BFV&90 LS 1 500.00 500.00
13 Extend pipe stem of air valve LS 1 500.00 500.00
Total 62,300.00
If you have any questions or require additional information,please do not hesitate to call me—
619-247-8951.
Sincerely,
Scott King
Project Manager
SK/dsh
Copy to: Bids
Exhibit B
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 '-'!
(949)493-1171 — 1 —4 n(ORPORRHO 1 SAM ALLEVATO
(949)493-1053 FAx ROY L.BYRNES,M.D.
ESTQRl1096
www.,5aiijuanca.l)iLytrano.org 177G LARRYKRAMER
DEREK REEVE
JOHN TAYLOR
TRANSMITTAL,
TO:
Charles King Company
2841 Gardena Avenue
Signal Hill, CA 90755
DATE: January 7, 2014
FROM: Manny Ruelas, Office Assistant (949) 443-6308
RE: Construction Agreement— Perform piping modifications to the outlet piping of Rosenbaum
Well in order to convert1the well from domestic water supply to recycled water supply.
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreement. If you have questions related to insurance requirements, please call Christy
JakI, Deputy City Clerk at (949) 443-6310.
If you have questions concerning the agreement, please contact Mike Marquis, Contract
Utilities Engineer at (949) 443-4414.
Enclosed is an Original Copy for your records.
Cc: Mike Marquis, Contract Utilities Engineer
San Juan, Capistrano.- Preserving the Past to Enhance the Future
Printed on 100%recycled paper